scholarly journals The structural format and rhetorical variation of writing Chinese judicial opinions

Pragmatics ◽  
2018 ◽  
Vol 28 (4) ◽  
pp. 463-488
Author(s):  
Zhengrui Han ◽  
Vijay K. Bhatia ◽  
Yunfeng Ge
Keyword(s):  
Legal System ◽  
Analytical Data ◽  
Legal Profession ◽  
Sequential Process ◽  
Text Type ◽  
Official Ideology ◽  
Legal Writing ◽  
Research Findings ◽  
Judicial Opinions ◽  
Writing Chinese

Abstract As Chinese legal system follows a statutory tradition, the writing of Chinese judicial opinions is normally considered as an invariant sequential process of stating the law, presenting the fact, and finally providing the conclusion. The official ideology is further reinforced by the fact that Chinese judges need to follow various authoritative writing guidelines and templates prescribed by the official bodies of legal profession. This paper examines to what extent this ideology is a trustworthy description, and to what extent it is only an imagined myth related to the rhetorical practices of Chinese legal profession. Theoretical constructs employed in the study are genre, text type, and rhetorical modes, and analytical data include exemplar judicial opinions, intertextual legislative documents, and insiders’ accounts. According to the research findings, while the official ideology remains a strong shaping force in the composing of Chinese judicial opinions, Chinese judges do take compelling moves to add dialogic elements to the traditionally monologue-dominated discursive sphere of legal writing.

Social media and social change lawyering: influencing change and silencing dissent

2018 ◽  
Vol 169 (1) ◽  
pp. 65-73
Author(s):  
Naomi Sayers
Keyword(s):  
Social Media ◽  
Social Change ◽  
Legal System ◽  
Media Use ◽  
Legal Profession ◽  
Upper Canada ◽  
Professional Conduct ◽  
Positive Approach ◽  
Marginalized Communities ◽  
The Law

The Law Society of Ontario (formerly, the Law Society of Upper Canada) oversees the legal profession in Ontario, Canada, through The Rules of Professional Conduct (‘Rules’). All future lawyers and paralegals must adhere to the Rules. The Law Society sometimes provides guidance on sample policies informed by the Rules. In this article, the author closely examines the Law Society’s guidance on social media. The author argues that this guidance fails to understand how the Rules regulate experiences out of the legal profession and fails to see the positive possibilities of social media to influence social change, especially in ways that conflict with the colonial legal system. The author concludes that the Law Society must take a positive approach and provide some guidance for the legal profession on their social media use, especially around critiquing the colonial legal system. This positive approach is essential to avoid duplicating the systems and structures that perpetuate disadvantage in marginalized communities.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law and of other groups who provide legal services but who are not formally qualified as lawyers. It examines how regulation of legal services providers has changed. It notes new forms of legal practice. It considers the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

9. Delivering legal services: practitioners, adjudicators, and legal scholars

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Artificial Intelligence ◽  
Significant Role ◽  
Legal System ◽  
Private Colleges ◽  
Legal Education ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Practice ◽  
Legal Advice ◽  
The Law

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.

Lady Justice or the golden calf? The “China factor” in Hong Kong’s legal system

2019 ◽  
Vol 15 (2) ◽  
pp. 178-196
Author(s):  
Yan-Ho Lai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Profession ◽  
Content Type ◽  
The Rule Of Law ◽  
Joint Declaration ◽  
Basic Law ◽  
Twentieth Anniversary ◽  
Political Economic

Purpose Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law. Design/methodology/approach This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy. Findings While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city. Originality/value This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.

scholarly journals The Promotion and Protection Human Rights under Vietnam’s Civil Law

2017 ◽  
Vol 10 (3) ◽  
pp. 182
Author(s):  
Duong Quynh Hoa
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Legal Regulations ◽  
International Human Rights ◽  
The Past ◽  
Research Findings ◽  
International Human ◽  
Social Domains

This article analyzes and assesses Vietnam’s civil law for the promotion and protection human rights, the successes and limitations of their implementation in practice. The research findings show that over the past years, the Civil Code has laid a firm ground for remarkable successes in the promotion and protection human rights, especially, not only of Vietnamese but also foreigners living and working in Vietnam. The code is deemed compliant with international human rights conventions, laws and practices. In the Civil Code, however, there remain some certain limitations. For example a number of provisions of the current Civil Code fail to meet the human rights legislation or do not really create favourable conditions for the promotion and protection human rights in the economic and social domains. Our objective aims to outline the theoretical bases and analyze, assess regulations on human rights provided for in the Civil Code of Vietnam at present, thence proposing some solutions for improving legal regulations and contributing to ensure human rights in the legal system of Vietnam in general and in the Civil Code in particular.

A Legal Information Service for Practitioners

2001 ◽  
Vol 29 (2) ◽  
pp. 420-428 ◽  
Author(s):  
Miriam Dudley
Keyword(s):  
Northern Ireland ◽  
Legal System ◽  
Information Service ◽  
Legal Profession ◽  
Global Information ◽  
Success Story ◽  
Legal Information ◽  
The Law ◽  
Training Company ◽  
And Training

I am now going to transfer you rapidly from the global information service to a locally targeted and focused legal information service designed to meet the particular needs of a small jurisdiction like Northern Ireland.SLS Legal Publications was established in 1980 as a unique and profoundly innovative experiment in Northern Ireland (N.I.). Its continued existence 20 years later is testament to the fact that it has not only become a success story but is now an integral part of the legal system in Northern Ireland. SLS Legal Publications is a legal publishing and training company based within the Queen's University of Belfast (QUB) and sponsored by the NICS, the Law Society of N.I. and the Bar Council of N.I. QUB's sponsorship takes the form of the provision of accommodation and accounting services. The purpose of SLS is to provide a legal information service in various ways to the Northern Ireland legal profession and the wider community and I will expand on those various ways later in this talk.

scholarly journals A Study on Change Management and Employees Performance in IMS

2021 ◽  
pp. 40-48
Author(s):  
Yu Hai Yun
Keyword(s):  
Data Collection ◽  
Change Management ◽  
Analytical Data ◽  
Secondary Data ◽  
Research Results ◽  
Data Collection Process ◽  
Research Findings ◽  
Secondary Information ◽  
The Impact

The result or outcome of an entity for its deliberate operational success is the outcome or outcome of an institution with regard to the desired objectives and targets. Operational output the study utilizes the analytical data collection process. For analysis, though, it will use both primary and secondary information. The main statistics is information that the author gathers through surveys or questionnaires and the secondary data is the data collected from prior studies and research. The study examined the effect of change management on the quality of workers, taking into account many factors such as ethics, productivity, morale and interaction among others. The research findings have shown that the greater the integrity of workers and the better the interaction, the higher the productivity and the lower the attrition. The study analyzed the impact of change management on employees’ performance, taking into account many factors such as organizational ethics, recruitment, morale and interaction. The research results demonstrate that the higher the moral and communication standards of employees are at work, the greater the retention and the lower the turnover.

scholarly journals Response to Vanessa Deverson On 'Child Abuse And Neglect: Mandatory Reporting And The Legal Profession'

2016 ◽  
Vol 2 ◽  
Author(s):  
David Caruso
Keyword(s):  
Child Abuse ◽  
Legal System ◽  
Child Abuse And Neglect ◽  
Legal Profession ◽  
Northern Territory ◽  
Mandatory Reporting ◽  
Final Part ◽  
Abuse And Neglect ◽  
Reporting Laws

This comment responds to Vanessa Deverson’s article titled ‘Child Abuse and Neglect: Mandatory Reporting and the Legal Profession’ and examines whether it is desirable for lawyers to be required to report child abuse and neglect that may be revealed by their clients. The comment begins by articulating the role of the legal profession, and explains how it differs from other professions. Part I explains that an obligation to report child abuse would fundamentally change the role of the legal profession in defending or asserting the rights, liberties and liabilities of their clients. Part II argues that even if mandatory reporting were to be brought in, it would be unlikely achieve its intended purpose because it would create suspicion towards the legal profession and undermine its role. The final Part discusses current South Australian draft legislation aimed at protecting children and argues that this may be a more appropriate route. The comment concludes that current Northern Territory reporting laws do not belong in a legal system that depends on clients having confidence in their lawyers.

The Legal Profession

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Legal System ◽  
Code Of Conduct ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Systems ◽  
Legal Aid ◽  
Legal Professional

This chapter covers the various types of legal professional who operate within the Indonesian legal system, performing different functions. ‘Advocates’ are perhaps the most important, providing legal services, both inside and outside court. They have various rights and obligations and are subject to a code of conduct, discussed in this chapter. However, the profession is deeply divided, with two main bar associations fighting for pre-eminence. Also vital to the operation of Indonesia’s legal systems are notaries, who formalize important documents, and land conveyance officials, who draw up conveyancing documents. This chapter also discusses paralegals and the legal aid movement, as well as the restrictions and conditions placed on non-Indonesian lawyers operating in Indonesia.

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